| Style | Date | Citation | Précis | Other |
|---|---|---|---|---|
| Washburn v. Russell | Before 1849 | 1 Barr 499 | "...a claim filed against 'a tract of land in Clarion county, on the waters of the Clarion river, with one double saw-mill thereon, situate on the east side of said river,' stating the dimensions of the mill. But this was thought to lack necessary precision, for, in effect, it was no more than stating the building to be in a particular county; a generality not aided by a description of the building, which resembled many others." | |
| Wilson v. Clarion County (no number in original) | September Term, 1845, Decided | 2 Pa. 17 |
Originally heard in the Court of Common Pleas of Clarion County. The county of Clarion brought assumpsit for money had and received by Wilson and others. The claim was for the difference between the actual cost of scrip purchased for the county, and the price charged. But one point was made here, whether the commissioners were competent witnesses under the following circumstances. They made the contract with the defendants. The county auditors certified a statement of the accounts of the county treasurer, in which, in the list of outstanding debts due the county, was a charge against the commissioners individually for an over-payment to the defendant for procuring this scrip. The defendants relied on this, there having been no appeal, and the time therefore having elapsed, to exclude the witnesses as incompetent, on the ground that this balance was a personal judgment under the act of Assembly, and that success in this action would discharge them. The court admitted them, and this was the error assigned. Judgment affirmed. |
|
| Hulings v. Guthrie (no number in original) | October 5, 1846, Decided | 4 Pa. 123 |
Originally heard in the Court of Common
Pleas of Clarion County before P. J. McCalmont. All evidence was rejected by the court, who directed a verdict for the plaintiff, because there was no evidence that Mitlen himself had not paid the notes, they not having been produced, and consequently Henry had no right to sell the land. Judgment affirmed. |
The defendant gave in evidence an article sealed by Mitlen and William Henry, whereby it was agreed, that Henry "should have the land, and hold the rights of said lot until the said judgment (which appears to have been given on Denkle for the purchase money) is paid by said Mitlen, and if Mitlen shall fail in paying the judgment in which the said Henry is bail, the said Mitlen agrees the said Henry shall have power to sell the said lot so as to make himself safe as bail," which agreement was proved and recorded on the 6th of December, 1838. The title papers were left with Henry at the same time. He then proved that Henry had taken and kept possession of the land for about two years, but no one resided there, nor were any improvements made; also, that Henry was security on the notes given by Mitlen for the purchase money of the land. He then offered to prove that Henry had paid these notes under execution; and that to enable him to do this, he had sold the land to defendant under the power contained in the above agreement; and also offered the conveyance by Henry to Guthrie |
| Lyon v. McGuffey (no number in original) | October 5, 1846, Decided | 4 Pa. 126 |
Appeal from the Common Pleas of Clarion County. Case stated on the distribution of the proceeds of a sheriff's sale. A mechanics' lien was filed by the plaintiffs against Thomas F. Newell, the defendant in this execution, within six months after the work done, and materials furnished between March 1st and July 1st, 1842. Under this, the sheriff's sale was made. At the time the work was done (the particular date is not mentioned,) Newell had purchased the land by articles of agreement with Morrell, to whom, on the 1st of April, he had given judgment notes for the purchase money. On the 29th of June, Morrell procured a deed from the holder of the legal title, to Newell. On the 16th of July, judgment was entered on these notes, which judgment was assigned to the defendant below. The court below gave judgment for the plaintiffs. Judgment affirmed. |
Newell purchased the lot on which the buildings were erected, by written articles of agreement from David Morrell, and on the 1st of April, 1842, gave his judgment notes to him for $450 of the purhase money. The date of the agreement is not set forth in the case stated, but we must presume it was prior to or at the time of the execution and delivery of the notes, as the work was commenced at that time, and finished the first of July of the same year. The liens were filed within six months, so as to charge the building and ground from the commencement of the work. The deed for the lots was delivered by Morrell to Newell on the 29th of July, 1842, and judgment was entered on the notes on the 16th of July following. |
| Wilson v. Watterson (no number in original) | October 24, 1846, Decided | 4 Pa. 214 | Originally heard in the Court of Common Pleas of Jefferson County. | Testimony of William Townly on cross-examination: "My general residence (circa 1830) was in Farmington township, (the settlement was in Ridgeway.)" |
| Knight v. Abert (no number in original) | October 4, 1847, Decided | 6 Pa. 472 | In the Common Pleas of Clarion
County, McCalmont directed a verdict for the plaintiff. The defendant was the owner of unenclosed woodland, in which he had dug an ore-pit. The plaintiff's ox had wandered on the land and fallen into the pit and was, thereby, killed. For this, the action was brought. Judgment reversed. |
Pre-1900 PA Supreme Court Cases
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